Badyda A. The social state under the conditions of globalization: theoretical and comparative and legal aspects.

The thesis is devoted to a complex research of the social state as phenomenon in the conditions of globalization, to disclosure of its new sense in modern conditions. On the basis of wide empirical base that covers international legal acts, regulations and court practice of national and supranational level, the social state is defi ned as aspect of understanding of the state founded on the rule of law (the social constitutional state) in which the public power together with institutes of civil society takes the responsibility for social well-being by redistribution of a public product for implementation of social programs for the purpose of dignity ensuring to each person. The social state is the principle (value) of the modern state that is embodied in the functioning institutes, practice and is noted, in particular, that it interacts with the other basic principles of the constitutional system (the principle of democracy and the principle of the constitutional state) and also it is carried out through constitutionalization of the social rights, along with the civil and political rights, however, in general it can be limited to the last ones. The understanding of human rights as directly good law and as uniform system in which the social rights are closely connected with civil and political ones, despite specific of the implementation and protection is carried out in the thesis. Though initial contents of the Convention on human rights protection and fundamental freedoms of 1950 did not contain regulations on the social rights, however, the First protocol to the Convention (1952) in the article 2 affi rmed «right to education». As the subsequent practice showed, the ECHR actively carried out protection of the social rights, «connecting» them with some other rights determined by section 1 of the Convention. Legal safeguards of protection of the social rights in the states of Central Europe on the example of Hungary, Slovakia and Ukraine are investigated.